Kiri MeniJca v. Podiralahamy
Present: H. N. G. Fernando, S., and T. S. Fernando, «LA. M. KIRI M35NIKA, Appellant, and S. A. M. PODIRALAHAMY
and another, Respondents
S. C. 489)1962—Application for Conditional Leave to Appeal to Her
Majesty's Privy Council in S. G. 147 of 1959)D. C. Kurunegala 10827
Privy Council—Application for conditional leave to appeal—Valuation of subject-matter of action.
In an application for conditional leave to appeal to the Privy Council itwaa shown that the subject-matter of the aotion, although it was originallyvalued in the plaint at under Ra. 5,000, was, at the date of the application,over Ra. 10,000 in value.
Held, that leave should be allowed on the usual terms.
Application for conditional leave to appeal to the Privy Council.
H. W. Jayewardene, Q.C., with Clarence de Silva, for the 1st Defendant-
Srimath £. Lekamge, for the 3rd Defendant-Respondent.
1 Indian Decisions (New Series) 9 Allahabad 33.
3 (1947) A. I. R. Madras 461.3 (1955) A. I. R. Andhra 1.
Sitnan Silva v. Tht Data Conoiiiaiim Board
May 16,1963. EL N. Gk Fjseh^sdo, 3—
Although the property which was the subject of this action was origi-nally valued in the plaint at under Rs. 5,000, the first defendant-appellanthas now furnished a valuation report according to which the land is valued
at a little over Rs. 10,000. Although the third defendant-respondenthas filed an affidavit contesting the correctness of this valuationthere is not before court any report from a recognised valuer other thanthat famished by the first defendant-appellant. In the circumstances,we see no reason to question the correctness of the report which, in fact,has been furnished.
The first defendant-appellant has also moved that a sum of Rs. 2,000be fixed as security for costs of appeal. I do not think there is anyspecial, reason why the normal practice of fixing the full amount ofRs. 3,000 should not be followed in this case.
Leave is allowed on the usual terms.
T. S. Fernaxdo, J.—I agree.
A. M. KIRIMENIKA, Appellant, and S. A. M. PODIRAHAMY and another, Respondents